Pedestrian accidents can have devastating consequences, often resulting in severe injuries or even fatalities. In Morgantown, West Virginia, these incidents are unfortunately not uncommon. When such accidents occur, one of the most pressing questions is: who bears the liability? Is it the driver of the vehicle or the pedestrian?
As a Morgantown pedestrian accident lawyer, I’ve seen firsthand how difficult these cases can be. Let’s dive into the factors that determine liability in pedestrian accidents.
Understanding Pedestrian Accidents in Morgantown
Morgantown, home to West Virginia University and a lively downtown area, sees a significant amount of foot traffic. With students, locals, and visitors frequently walking alongside busy roads, the potential for pedestrian-vehicle conflicts is high.
Common locations for these accidents include campus areas, especially during class changes; downtown Morgantown, particularly on High Street; intersections near shopping centers; and residential areas with limited sidewalks. Understanding the unique characteristics of Morgantown’s layout and traffic patterns is key to assessing liability in pedestrian accidents.
Determining Liability: It’s Not Always Clear-Cut
Contrary to popular belief, pedestrians don’t always have the right of way. Liability in a pedestrian accident isn’t automatically assigned to the driver. Instead, it depends on various factors and circumstances surrounding the incident. Let’s explore the responsibilities of both drivers and pedestrians and how these play into determining liability.
Driver Responsibilities
Drivers in Morgantown have several legal obligations when it comes to pedestrian safety. These include yielding to pedestrians in crosswalks, exercising caution in areas with high foot traffic, obeying traffic signals and speed limits, and staying alert and avoiding distractions.
When a driver fails to meet these responsibilities, they may be held liable for a pedestrian accident. For example, if a driver runs a red light and strikes a pedestrian legally crossing the street, the driver would likely be found at fault.
Pedestrian Responsibilities
Pedestrians also have legal obligations to ensure their own safety. These responsibilities include using designated crosswalks when available, obeying traffic signals, walking on sidewalks when present, and staying visible to drivers, especially at night. If a pedestrian disregards these responsibilities and contributes to an accident in Morgantown, they may share in the liability or even be found entirely at fault.
Scenarios Affecting Liability in Morgantown Pedestrian Accidents
Let’s look at some common scenarios in Morgantown and how they might impact liability determinations. In a crosswalk accident on Beechurst Avenue, if a driver fails to yield and hits a pedestrian in a marked crosswalk, the driver would likely be held liable. However, if the pedestrian suddenly darts into the crosswalk without giving the driver time to react, liability might shift to the pedestrian.
In jaywalking incidents, such as a student crossing in the middle of University Avenue outside of a designated crosswalk, the pedestrian might be found primarily at fault if struck by a vehicle. However, if the driver was speeding or distracted, they could share in the liability.
Alcohol can play a role in many accidents, given Morgantown’s vibrant nightlife. A driver under the influence who hits a pedestrian would likely bear the majority of the fault. Similarly, an intoxicated pedestrian who stumbles into traffic might be held responsible for the resulting accident.
In busy parking lots like those at the Morgantown Mall, both drivers and pedestrians need to exercise caution. Liability in these cases often comes down to who had the right of way and whether both parties were paying attention to their surroundings.
Comparative Negligence in West Virginia
West Virginia follows a modified comparative negligence rule, which is codified in West Virginia Code §55-7-13a. This means that in a pedestrian accident case, fault can be assigned to both the driver and the pedestrian. Each party is assigned a percentage of fault based on their actions.
As long as the pedestrian is found to be 49% or less at fault, they can still recover damages. The amount of damages is reduced by the pedestrian’s percentage of fault. For example, if a pedestrian is found to be 30% at fault for an accident and the total damages are $100,000, they would be eligible to recover $70,000.
Common Injuries in Morgantown Pedestrian Accidents
The types and severity of injuries can impact the outcome of a pedestrian accident case. Common injuries in Morgantown cases include head and brain injuries, spinal cord injuries, broken bones, internal organ damage, and cuts and lacerations. The more severe the injuries, the higher the potential damages in a case.
How a Morgantown Pedestrian Accident Lawyer Can Help
A Morgantown pedestrian accident lawyer can provide valuable assistance by investigating the accident thoroughly, gathering and preserving evidence, negotiating with insurance companies, calculating the full extent of damages, and representing you in court if necessary. Having Morgantown pedestrian accident lawyer Chirag Desai on your side can significantly improve your chances of a favorable outcome.
The Importance of Timely Action in Morgantown Pedestrian Accident Cases
In West Virginia, there’s a two-year statute of limitations for personal injury cases, including pedestrian accidents. This means you have two years from the date of the accident to file a lawsuit. This time limit is established by West Virginia Code §55-2-12. However, it’s best to act much sooner than that.
Early action allows for the preservation of evidence, more accurate witness statements, timely medical documentation of injuries, and a better negotiating position with insurance companies. Waiting too long can significantly weaken your case and limit your options for recovery.
Potential Damages in Morgantown Pedestrian Accident Cases
If you’re injured in a pedestrian accident in Morgantown, you may be entitled to various types of damages. These can include medical expenses (both past and future), lost wages and loss of earning capacity, pain and suffering, emotional distress, rehabilitation costs, and loss of enjoyment of life. The specific damages available depend on the circumstances of your case and the extent of your injuries.
Contact a Morgantown Pedestrian Accident Attorney
If you or a loved one has been injured in a pedestrian accident in Morgantown, contact Desai Law today. Call (304) 974-1974 or use our website to schedule a free consultation. Let us fight for you and help you turn your tragedy into triumph.
